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How Do You Determine the Value of Your Injuries in a Work Injury Case in Texas?

How much are my non-subscriber work injuries worth?

If you've been injured on the job in Texas and your employer is a non-subscriber to worker's compensation, then you probably want to know how much your case is worth. Unlike subscriber cases, there's no guaranteed, formulaic compensation in Texas non-subscriber cases. Each case is different, so each case is worth a different amount. In our 25 years representing workers injured in non-subscriber work cases, Grossman Law Offices has experience properly valuing the case of hundreds of injured Texans.

Elsewhere, we've discussed how to prove the value of work injuries and what kinds of damages are recoverable in work injury cases. In this article, we'll be talking about how much a non-subscriber injury case can be worth. Before we begin, however, be advised that a non-subscriber injury case is wholly distinct from a subscriber injury case. You can read about that type of work injury case here.

In this article, experienced work injury attorney Michael Grossman discusses how compensation for work injuries is calculated and how juries evaluate your work injury case.

Questions answered on this page:

  • What influence does the jury have on my compensation?
  • How is compensation calculated?
  • How is the threat of a jury award used in negotiations to help get a just settlement for your case?
  • How does an attorney help me get the most compensation possible?

Damages that you can recover in a Texas non-subscriber work injury case.

For a full list of the different types of damages one can recover in a Texas non-subscriber case, make sure you check out our overview of recoverable damages page.

But, essentially, the value of your non-subscriber case is not calculated by some formula created by the Texas legislature, as one would find with a Texas workers' case. Instead, non-subscriber cases involve taking your case before a jury getting awarded compensation proportionate to your losses. So, when considering the value of a non-subscriber work injury case, one need only consider all of the types of damages or losses they've sustained, and then add them up. That is what your case is worth.

For instance, if you've sustained $100,000 in medical bills, $50,000 in lost wages, and a jury says that your mental anguish is worth $200,000, then your case is worth $350,000. On the contrary, in a workers' comp claim, you would have to factor 70% of the average of what you've earned per week over the last 13 weeks, not to exceed the amount an average Texan earns per week, and that would represent how much you get paid in lost wages each week. The point is, non0subscriber cases feature plain-old personal injury compensation, so your case can be quite valuable.

How insurance factors into this.

Insurance companies aren't going to just hand over any kind of compensation without putting up resistance if they do agree to settle. Typically, there is a negotiation that takes place between the victim's attorneys and the insurance companies representatives. There will be a back and forth of figures that we and the insurance company deem as appropriate. As you can assume, the insurance company will almost always try to low-ball the victim, so having an experienced attorney that is going to dig in his heels to get you fair compensation is very crucial.

A question that we like to pose to put the amount of suffering that our clients endured is,"How much would it take for you to endure the same suffering?" The insurance company does not want to see this matter actually make it to trial 9 out of 10 times, and when you couple that with our vast experience gathering evidence and performing flawless investigations, the insurance company starts to feel the heat. Although it is usually beneficial to both parties to settle out of court, if the insurance company wants to dig in their heels, we'll be happy to oblige on your behalf.

What to expect form juries in a work injury trial.

Common perception is that the jury just hands over money and that's that. But for the jury to have any kind of idea on how much compensation is fair, we first must prove that the accident was least 51% was employers' fault due to comparative fault system in Texas. This means that we must prove each argument alleged, and fight over each individual percentage point of responsibility in court. The higher the percentage of fault on the employer's part, the higher the compensation will be, obviously. Also, it is very likely that the final compensation that we fight for on your behalf will be reduced by the jury, so we want to fight for every penny so that our attorneys can get you the most compensation possible.

Juries can vary depending on location within Texas, some are more sympathetic to workers, some are are strongly aligned with employers. We know how to negotiate these demographic challenges. We've been litigating all over Texas for 25 years, and chances are, we know exactly the type of jury you're going to get in your case. Our litigation and investigatory skills are so good that our evidence presented before any jury will resonate loudly. Solid cases are compensated fairly wherever the're litigated.

Your non-subscriber work injury claim needs a good advocate.

As we've said, the people you really need to convince in your non-subscriber work injury claim is the jury. That's why you want a lawyer with experience in court, and a track record of winning. You can see the results we've won for our clients elsewhere on our site. But in terms of your work injury, rest assured that few other firms in the State of Texas are able to match us. Call us today, toll-free at (855) 326-0000, 24 hours a day, seven days a week.

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